Frequently Asked Questions

The Individuals with Disabilities Education Act was amended on December 3, 2004, by President George W. Bush. The provisions of the Act are effective July 1, 2005, with the exception of elements of "highly qualified teacher" that took effect upon the signing of the Act.

These "frequently asked questions" address changes resulting from the Act (Individuals with Disabilities Education Improvement Act of 2004 -- P.L. 108-446). Final regulations that are pending, may effect this guidance. In addition to a reading of the Federal statutory amendments, the answers take into consideration State law.

The State Board of Education adopted many of the IDEA '97 federal regulations by incorporating them into Chapter 14. The Department of Education did the same with Chapter 711. Many of the changes in IDEA 2004 alter the existing requirements in the IDEA '97 Federal regulations. Questions of implementation occur where the language of IDEA is different in some way from the language of the existing federal regulations or the state regulations found in Chapter 14 (Special Education) and Chapter 711 (Charter Schools). Guidance is provided herein. However, factual and individual child circumstances necessitate caution before application of guidance directly impacting children.

Note: Because future regulatory actions may require revisions to the following, note that unless indicated otherwise, the guidance is based on information as of June 14, 2005.